Josh Blackman’s Blog

Recent Posts from Josh Blackman’s Blog

• Now on SSRN: Opening Pandora’s Box? Privileges or Immunities, The Constitution in 2020, and Properly Incorporating the Second AmendmentIwelcome

  I am proud to announce that Opening Pandora’s Box? Privileges or Immunities, The Constitution in 2020, and Properly Incorporating the Second Amendment is now available on SSRN. I co-authored this article with Ilya Shapiro from…

• FedSoc Online Debate- The Pay Czar & Appointment Clause with Profs. McConnell and Flaherty

  I have blogged a bit about the President’s Czars and the appointments clause. Recently Professor McConnell posted a great WSJ Op-Ed on this point. The Federalist Society is hosting an ongoing online debate between McConnell…

• Egquist, Olech, and the Class of One. New Article on Erosion of Equal Protection

  My article forthcoming in the Loyola Law Review, titled Equal Protection from Eminent Domain. Protecting the Home of Olech’s Class of One heavily relies on the Olech and Engquist line of cases, so this recent…

• I want to be on Judge Braden’s List of Counsel

  Judge Braden of the U.S. Court of Federal Claims, a regular at Federalist Society events in Washington, D.C.. issued a pretty cool order, per BLT. In an unusual order last month in a constitutional challenge…

• Original Crimes: What were Federal Crimes in 1789, and Reply to Professor Kerr

  I blogged a bit yesterday about what exactly was considered a federal crime in 1789 (see here and here). I argued that beyond certain crimes according to enumerated powers (securities, currency, etc), there could not…

• Now Google Can Read Your Lips, Automatic Captions to YouTube Videos

  From AP (H/T Gizmodo): Google Inc. said Thursday it is introducing automatic, machine-generated captions for videos on its YouTube site. The new service, being launched this week, is intended to make online videos accessible to…

• FantasySCOTUS.net Update: Leagues are Now Live! Join and Create your Own Leagues!

  By popular demand, I have added Leagues to FantasySCOTUS.net. I have already added the top 100 Schools, based on the US News & World Reports, but you can create your own leagues. Just log in,…

• But if there were no federal crimes, why would we need the 4th, 5th, and 6th amendments?

  I previously blogged about what would be a federal crime in 1787. I conclude that for the most part, there could not be any. Corey C, a bright eyed, blue haired 1L at George Mason…

• What was a federal crime in 1787? I agree with Brutus. There weren’t any.

  I am helping Judge Gibson prepare the syllabus for the Federal Court Practice class at the Penn State Dickinson School of Law this Spring. For the first class, the students will be reading Article III…

• Is Jack Balkin Disgusting? Andy Koppelman Thinks He May Be.

  From Balkinzation, Andrew Koppelman posted this new article to SSRN, titled Why Jack Balkin is Disgusting: Yale Law Professor Jack Balkin didn’t win friends when he announced that (1) he is now a constitutional originalist…